Honestly his issue was that it was assault AND possession of a firearm. That's two CIMTs so you can't weasel out using the petty offense exemption.

Back when I worked at a law office I had a client who was originally admitted on a V-3 visa in 2003, became an LPR in 2006, was convicted of two counts of assault in 2007, went on a vacation in 2016, got detained on entry. LPR COR was out of the question due to the clock stop rule, but since he was detained on entry we were able to get him a 212(h) waiver for his CIMTs with the immigration court, there's generally a 7 year clock stop rule for LPRs seeking 212(h) waivers, but that one stops when you get served the NTA).


I don't think this guy is screwed if his wife is a USC, he can take a deportation order but ask that the proceedings remain open so he can re-apply for AOS and 212(h) waiver (or if that fails take VD, and do I-130 and I-601 while abroad). Sure he will lose all his years of being an LPR so far, but with a competent lawyer running his case it's unlikely he'll get deported. His proceedings as are right now will get reopened because federal appeal will get remanded to the BIA that isn't really into trial business and just automatically remands back to the IJ.